Surah An-Nur, Ayah 10

Details of Al-Li`an

This Ayah offers a way out for husbands. If a husband has accused his wife but cannot come up with proof, he can swear the Li`an (the oath of condemnation) as Allah commanded. This means that he brings her before the Imam and states what he is accusing her of. The ruler then asks him to swear four times by Allah in front of four witnesses

إِنَّهُ لَمِنَ الصَّـدِقِينَ

(that he is one of those who speak the truth) in his accusation of her adultery.

وَالْخَامِسَةُ أَنَّ لَعْنَةَ اللَّهِ عَلَيْهِ إِن كَانَ مِنَ الْكَـذِبِينَ

(And the fifth; the invoking of the curse of Allah on him if he be of those who tell a lie.) If he says that, then she is divorced from him by the very act of this Li`an; she is forever forbidden for him and he must give her Mahr to her. The punishment for Zina should be carried out on her, and nothing can prevent the punishment except if she also swears the oath of condemnation (Li`an) and swears by Allah four times that he is one of those who lied, i.e., in what he is accusing her of;

Commentary

The fourth injunction is of Li'an (لِعَان : curse) among the adjuncts of fornication

The meaning of لِعَان and is to curse and praying for Allah's wrath on each other. Certain specific types of oaths between husband and wife with special connotation are called Li` an (لِعَان) in Islamic law. When a husband accuses his wife of adultery or refuses to own his child as being legitimate, and his wife refutes his allegation to be false, and claims for the punishment of false accusation (قَذَف) of eighty stripes to be awarded to him, then the husband will be asked to produce four witnesses. If the husband produces four witnesses, then the wife will be awarded the punishment of adultery, and if he could not produce four witnesses, then they will be subjected to li'an (لِعَان), that is first the husband will be asked to testify four times with the wordings given in the Qur'an to the effect that he is honest, and the fifth time will say that if he was lying, then Allah's curse be on him.

Matters pertaining to social relations are extremely complex. If the legislation in these matters were left entirely to man, he would emphasize one aspect to the detriment of the other aspects. Divine law, however, simultaneously takes care of all aspects of these matters. Seen from this point of view, divine law is a provision of great mercy bestowed by God upon man.